Wichita Valley Ry. Co. v. Friedman & Landau
Court of Appeals of Texas
Appeal from Taylor County Court; X W. Moffett, Judge. Action by Friedman & Landau, a copart-nership, against the Wichita Valley Railway Company. Judgment for' plaintiffs, and defendant appeals.
1DissentHiggins, J.
The opinion is written upon the theory that the evidence shows ah express agreement that title should not pass to the consignees, unless shipment was made at the agreed time. I do not so construe the evidence.
However, this difference of opinion as to the effect of the evidence is immaterial, because in sales of this .character time of delivery is presumed to he of the essence of the contract and a condition precedent to the buyer’s liability. Norrington v. Wright, 115 U. S. 188, 6 Sup. Ct. 12, 29 L. Ed. 366; Clement v. Border (Tex. Civ. App.) 237 S. W. 596; 2 Mechem on Sales, 1138, 1139,…
2Cases cited8 opinions
- Norrington v. WrightSupreme Court of the United States · 1885
- Robinson & Martin v. Houston & Texas Central RailroadTexas Supreme Court · 1912
- Ralph v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1873
- Texas & Pacific Railway Co. v. TurnerCourt of Appeals of Texas · 1906
- Davis v. WylieTexas Commission of Appeals · 1923
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